Back
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Surinder Gupta, J.
Bhupinder Singh - Appellant
Versus
Mohinder Singh - Respondent
Criminal Miscellaneous (M) No. 12040 of 2013
Decided On : 25-10-2018
Misuse of Process of Court - Indian Penal Code - Sections 308, 323, 148, 149 - Summary of the acts and sections referenced and discussed by the court: The court discussed the allegations and cross-versions presented by the parties, the medical and ocular evidence, and the actions of the police authorities in handling the case. Key legal provisions such as Section 308 IPC (attempt to commit culpable homicide) and the concept of misuse of the process of court were central to the court's decision.
Fact of the Case:
The petitioner sought quashing of a complaint filed under Sections 308, 323, 148 read with Section 149 of the Indian Penal Code. The complaint was related to an incident involving allegations of trespassing, assault, and injuries caused to the petitioner and his family members.
Finding of the Court:
The court found that the complaint filed by the respondent was not a misuse of the process of court, and the petitioner was ordered to face trial for the offence punishable under Section 308 IPC.
Issues: The issues included the delay in filing the complaint, the medical report, and the actions of the police authorities in handling the case.
Ratio Decidendi: The court observed that the delay in filing the complaint was not material, and the trial court would determine the offence, if any, at the stage of framing the charge. The court also considered the medical evidence and the actions of the police authorities in its decision.
Final Decision: The petition was dismissed as having no merits.
JUDGMENT
Surinder Gupta, J. - Petitioner has sought quashing of complaint ID No.031603001822007 complaint No.28 of 20.09.2007 titled as Mohinder Singh Vs. Bhupinder Singh and others, dated 20.09.2007 filed under Sections 308, 323, 148 read with Section 149 of Indian Penal Code pending in the Court of Judicial Magistrate 1 st Class, Malerkotla and summoning order dated 23.02.2013 along with all subsequent proceedings arising therefrom.
2. The petitioner got registered FIR relating to the incident dated 04.08.2014 translated, copy of which has been placed on file by the petitioner as Annexure P-2, operative part of which reads as follows:-
"I am resident of the above mentioned address and is the vice Chairman of the Khadi Gram Udhyog Workers Union, Sangrur. I have moved applications regarding the factory of Mohinder Singh son of Gurcharan Singh, resident of Ward No.4, Ahmedgarh to the Pollution Department, Sangrur. Yesterday on 4.8.2004 at about 12.00 Noon, the officials of the Pollution Department came for enquiry on my application. My daughter Dr. Shiv Dit informed me on phone that the officials of the Pollution Department have come for the enquiry and are calling you. At that time, I was sitting at Khadi Bhandar, Ahmedgarh with Rashid Ahmad, manager. I immediately reached near my house on the scooter of Rashid Ahmad. There was a gathering of 15/20 men and women near my house. I (sic ) went inside my house and sat in the drawing room along with my daughter Shiv Dit, son Bhagwant Singh and another daughter Tarsem Kaur and there Rashid Ahmad and Sukhwant Singh son of Sucha Singh resident of Bhai Vir Singh Road were also sitting with us. Then after 10/15 minutes Mohinder Singh, Bhinder Singh, Jeeta Singh sons of Gurcharan Singh, skilled men (sic mason) armed with lathis, resident of Ward No.4, Malkiat Singh son of Harchan Singh, Jat armed with lathi, resident of Ward No.4 and Joginder Singh son of Gurnam Singh, empty handed, resident o Bhagat Singh Chowk, Ahmedgarh and Sukhdev Kaur wife of Malkiat Singh, Bhupinder Kaur wife of Mohinder Singh, resident of Ward No.4, Ahmedgarh trespassed into our house by calling bad names and raising Lalkara and on reaching there Sukhdev Kaur and Bhinder Kaur started dragging my daughter Shiv Dit Kaur after putting her Dupatta around her neck and Malkiat Singh and Joginder Singh embraced and caught hold of me and Malkiat Singh bite me by tooth on the left hand thumb and Joginder Singh started beating me. Mohinder Singh caught hold of my son Bhagwant Singh by embracing him and Bhinder Singh and Jeeta Singh sons of Gurcharan Singh started beating him and broke the glasses of my house and also caused more damage and Bhinder Singh gave a lathi blow to Bhagwant Singh which hit on his left arm. We raised raula "Mar Ditta Mar Ditta," When Rashid Ahmad and Sukhwant Singh and my daughter Tarsem Kaur intervened to rescue us then the above mentioned persons pushed Tarsem Kaur which resulted in her falling down and (she) got (sic suffered) injury from some article on her right arm. The entire occurrence was witnessed by Rashid Ahmad and Sukhwant Singh. All the above mentioned persons and ladies ran away from the spot alongwith their arms (lathies). Then Rashid Ahmad took me on his scooter and admitted me in civil hospital, where I am under treatment. While going, the above mentioned persons have also threatened us with dire consequences."
3. The accused named in the FIR came up with cross-version regarding the incident and the matter was inquired by police authorities at various levels. The petitioner has placed on file copy of the report dated 08.10.2004 submitted by Superintendent of Police (Detective), Sangrur, wherein he found that version of the petitioner that accused named in the FIR entered his house, caused him injuries, smashed and damaged the glass of his house etc. was not correct. The occurrence in fact took place in the street in which simple injuries with blunt weapon were caused to the petition
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
